S T A T E   O F   N E W   Y O R K
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                                  4664

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2011
                               ___________

Introduced  by  M.  of  A.  J. MILLER  --  read once and referred to the
  Committee on Governmental Operations

AN ACT to amend the executive law, in relation to  full  criminal  back-
  ground checks for volunteer and paid firefighters

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 837-o of the executive law, as added by chapter 423
of the laws of 1999, subdivision 2 and paragraph (b) of subdivision 3 as
amended by section 41 of part B of chapter 56 of the laws  of  2010,  is
amended to read as follows:
  S 837-o. Search for [arson conviction] CRIMINAL records of [volunteer]
firefighter  applicants.  1.  Any person who applies for membership in a
fire company, VOLUNTEER, PAID OR  BOTH,  as  such  term  is  defined  in
section  three  of the volunteer firefighters' benefit law, or who seeks
to transfer as a member to another fire company, shall  be  required  to
authorize the submission of his or her name and other authorized identi-
fying  information  to the division which shall search its files for ANY
AND ALL CRIMINAL records [indicating whether  the]  PERTAINING  TO  SUCH
person  [stands  convicted of the crime of arson]. The chief of the fire
company to which application is made shall provide written notice to the
applicant that a search will be conducted, and if the applicant  desires
to  proceed,  he  or  she  shall  complete  a search request on the form
provided for this purpose by the division of criminal justice services.
  2. Within ten business days of receipt from the applicant,  the  chief
of  the  fire  company  shall  send the completed search request form to
either (i) the sheriff's department of the  county  in  which  the  fire
company  is  located, or (ii) the office of fire prevention and control,
as follows:
  (a) the sheriff's department of the county in which the  fire  company
is  located  shall  be responsible for receiving the search requests and
processing the search requests with the  division  within  ten  business

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08225-01-1
              

A. 4664                             2

days  of  receipt  from the chief of the fire company, unless the county
legislative body adopts and files with the office of fire prevention and
control pursuant to the municipal home rule law a  local  law  providing
that the sheriff's department shall not have such responsibility;
  (b) in all other instances where a county legislative body has adopted
a local law pursuant to paragraph (a) of this subdivision, the office of
fire  prevention  and  control shall be responsible for receiving search
requests and forwarding the search requests to the division.
The office of fire prevention and control is hereby authorized to estab-
lish a communication network  with  the  division  for  the  purpose  of
forwarding  search  requests  and  receiving  search results pursuant to
paragraph (b) of [this] subdivision THREE OF THIS SECTION.
  3. (a) All searches concerning the application  for  membership  in  a
fire  company shall be conducted under the provisions of subdivision six
of section eight  hundred  thirty-seven  of  this  article  without  the
assessment  of  any  fee  to  the  applicant  or fire company [and shall
pertain solely to ascertaining whether the applicant stands convicted of
arson].
  (b) The results of the search shall be communicated in writing, within
ten business days of receipt from the division, to the chief of the fire
company from which the search request originated by either the sheriff's
department or the office of fire prevention and control,  and  shall  be
kept  confidential  by the chief, except as provided in paragraph (c) of
this subdivision. [The results of the search  shall  only  state  either
that: (i) the applicant stands convicted of arson, or (ii) the applicant
has  no  record of conviction for arson. The results of the search shall
not divulge any other information relating to the  criminal  history  of
the applicant.]
  (c)  At  the time an applicant is advised that he or she is ineligible
for membership due to [a record of conviction  for  arson]  HIS  OR  HER
CRIMINAL RECORDS, he or she shall also be advised of the rights to chal-
lenge  and  appeal the information contained in the record of conviction
as provided in the rules and regulations of the division. The  applicant
shall continue to be barred from membership until all administrative and
judicial challenges to the accuracy of such information or appeals ther-
efrom,  are ultimately resolved in his or her favor, or if such a deter-
mination is unchallenged.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law. Effective immediately, the addition, amendment and/or
repeal  of  any  rule  or regulation necessary for the implementation of
this act on its effective date is authorized and directed to be made and
completed on or before such effective date.